S-1922.1          _______________________________________________

                            SUBSTITUTE SENATE BILL 5891

                  _______________________________________________

State of Washington              52nd Legislature             1991 Regular Session

By Senate Committee on Environment & Natural Resources (originally sponsored by Senators Oke, Snyder, Metcalf, Patterson, McMullen, Owen, Rasmussen, Anderson, Matson, Bauer, Nelson, Conner, Bailey, McCaslin, Hansen, Craswell and Amondson).

Read first time March 6, 1991.Exempting households where persons over the age of sixty-two reside from certain woodstove restrictions.

     AN ACT Relating to the exemption of seniors from fireplace and woodstove burning bans; and amending RCW 70.94.473.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     Sec. 1.  RCW 70.94.473 and 1990 c 128 s 2 are each amended to read as follows:

     (1) Any person in a residence or commercial establishment which has an adequate source of heat without burning wood shall:

     (a) Not burn wood in any solid fuel burning device whenever the department has determined under RCW 70.94.715 that any air pollution episode exists in that area;

     (b) Not burn wood in any solid fuel burning device except those which meet the standards set forth in RCW 70.94.457, or a pellet stove either certified or issued an exemption certificate by the United States environmental protection agency in accordance with Title 40, Part 60 of the code of federal regulations, in the geographical area and for the period of time that a first stage of impaired air quality has been determined, by the department or any authority, for that area.  A first stage of impaired air quality is reached when particulates ten microns and smaller in diameter are at an ambient level of seventy-five micrograms per cubic meter measured on a twenty-four hour average or when carbon monoxide is at an ambient level of eight parts of contaminant per million parts of air by volume measured on an eight-hour average; and

     (c) Not burn wood in any solid fuel burning device, including those which meet the standards set forth in RCW 70.94.457, in a geographical area and for the period of time that a second stage of impaired air quality has been determined by the department or any authority, for that area.  A second stage of impaired air quality is reached when particulates ten microns and smaller in diameter are at an ambient level of one hundred five micrograms per cubic meter measured on a twenty-four hour average.

     (2) ((When)) If a local air authority exercises the limitation on solid fuel burning devices specified under RCW 70.94.477(2), a single stage of impaired air quality applies in the geographical area defined by the authority in accordance with RCW 70.94.477(2) and is reached when particulates ten microns and smaller in diameter are at an ambient level of ninety micrograms per cubic meter measured on a twenty-four hour average or when carbon monoxide is at an ambient level of eight parts of contaminant per million parts of air by volume measured on an eight-hour average.

     ((When)) If this single stage of impaired air quality is reached, no person in a residence or commercial establishment ((which)) that has an adequate source of heat without burning wood shall burn wood in any solid fuel burning device, including those which meet the standards set forth in RCW 70.94.457.

(3) The provisions of subsections (1)(b) and (c) and (2) of this section shall not apply to any person who burns wood as a source of heat in a residence where a person over the age of sixty-two resides.